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I am on supervised Release for three years and have served…

Customer Question

I am on supervised Release...

I am on supervised Release for three years and have served 1.5 years so far for white collar tax evasion case. The first year I filled out the financial reports and paid $200.00 per month restitution on $115,000. I am self employed. I was then assigned a new probation officer Due to the economy affecting my business i used personal credit cards in my business and paid them back with company proceeds and never took any extra monies. I did this because I had no avenues for financing and due to being on supervised release I was not allowed to go out and obtain financing. I did not include this information or payback to the credit cards in my monthly reports and showed my Probation officer everything I did from my credit card statements. He said that I could not do this and that as a result my financial statements were not accurate. I immediately stopped this practice and explained why this was done. He also stated that I needed to increase my monthly payments from $200 to $525 based on my paystubs. I agreed reluctantly but did this as well. I also own a Condo and pay the condo mortgage of $2,600 per month. I pay this while living in my wives parents home for nothing. the probation did not have a problem with this. The condo remained unrented for one year because I did not have funds to repair the unit to sell or rent. In 2009 my father in law decided on helping me out as he is a handyman by periodically fixing the condo so that I could rent/sell this. When the probation was questioning me about including business and personal funds in my checking account I had to meet with my probation officer and his supervisor. At that meeting in March they had asked to see the condo. I said no problem when I had informed my wife of this she told me that she had a renter who was found through an agency. They gave Februarys' rent which the broker keeps and then we get the March rent. I e-mailed my probation officer of this and he was pissed that I did not bring this up and basically said I was lying to him. About a week goes by and I get a call from him stating that he has to explain this to the court and I may get called in for these sanctions. He said one way to avoid going in front of the judge was to agree to a 90 day ankle bracelet which would be used for a curfew after &;oo pm but meant I could go to work. I said ok because the judge scares me. The next thing I know I sign the paperwork and it goes to court a month goes by and the Probation officer calls me to tell me he is going to come by and put the ankle bracelet on. the next day he calls me to tell me he read the order wrong and the judge wants to summons me for a hearing on the matter. Now I am petrified he is going to send me back. What are my options if any ? I do not do drugs ,have a family and a business and am just trying to do the right thing. The probation officer even sounded like he was on my side and told me to relax and just explain everything. I cannot afford to take that chance and go back to jail because I said something wrong

Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Verified

While going in front of the judge may be scary, in this type of case honesty is the best policy. You are doing everything you are supposed to do, you have proof the economy is in bad shape which is effecting every business out there. You also have proof of where all of your money is coming from and where it is going and that you are not trying to hide anything. In about 99% of these cases, once you prove these things to the judge and it goes onto the court record, the court will not send you back to jail but will usually at the worst tell you you can or cannot continue doing things as you have been doing. You really should go to court with an attorney to make sure that they are able to get everything you are allowed to do put on the court record to help clarify what is expected of you so there would be no more mistakes.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).